Aug 3 2004
Federal elections are one of the few areas where Congress has historically bowed to the Constitutional division of federal and state powers: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (10th Amendment). However, in 2002, Congress stuck its nose into how states conduct federal elections when it passed the Help America Vote Act (HAVA - Public Law 107-252). Among other things, HAVA provides funds for States to replace punch card voting systems. The U.S. Election Assistance Commission, established by HAVA, is to provide information and guidance about laws, procedures, and technologies affecting Federal election administration.
Critics charge that the Congressional action has generated a gold rush for the handful of firms producing electronic voting systems -- despite documented interface and security issues. For example, the New York Times reported in July that almost all electronic voting records from the 2002 primary in Miami-Dade Country Florida were lost after two computer system crashes, leaving no audit trail for the 2002 gubernatorial primary.
The little-known Act and Agency achieved its 15-minutes of fame in July when its appointed Republican head suggested that a catastrophic terrorist attack might necessitate postponing the fall elections. That written comment generated a predictable avalanche of editorial derision: "Calling off elections ... is the stuff of tin-pot dictatorships" (The New York Times) as well as a call for planning: "a failure to create clear, transparent, and credible plans ... would be simply irresponsible" (Washington Post).
Leaders on both sides of the aisle (and in both Houses) have denounced any suggestion that elections be delayed, such as they were in New York on September 11, 2001 (a decision made at the state level).
Many voters are turning to permanent absentee ballots as a way to make voting more convenient; this has the added benefit of providing a "verifiable" paper trail. In fact, Oregon has instituted voting by mail in lieu of traditional polling places.
States might do well to investigate the "early voting" system in effect in Georgia. Not unlike many elections in Europe -- where polling places are open for several days -- in Georgia's primary elections voters have been able to go to the polls a full week in advance of the election to cast their votes. Such an election schedule would be much more difficult to disrupt that the current "let's all vote on the same day and time schedule" system.